Legal Question in Criminal Law in Massachusetts

Hello.

I am not sure but I might have an old, forgotten warrant

on a probation case. I have not used drugs for years.

As I recall, though, here is what might be the problem...

I was placed on probation (this is 4-5 years ago, I think). This

was in Lowell, MA. But at the time, I was living and working in

Cambridge taking care of a severely autistic man and his elderly

mother. I worked from 7am to 7pm, exhausting job and I explained

to the Probation Officer in Lowell that it was impossible for me to

get in to Lowell for reporting in. He was understanding enough to

say he would have my probation transferred to the Cambridge system.

This took a while to arrange (paperwork, etc.) and by the time it

had been arranged, I had lost my job in Cambridge and had to

come back here to Lowell. I recall I told him this but he seemed

to think it was all one, big nuisance or that I was playing games

(which I wasn't). I honestly forgot about the whole thing in my

panic and rush to find a new job, etc.

I also think the police wonder why I have two addresses

but one is the old family homestead which I use as my mailing

address because at my other address, (a really rundown, awful

rooming house), mail is left for tenants on a table in plain sight

out in the hall. So..........because of the type of people who

live there........lots of theft!

I see a mental health counselor once a week and a

nurse-prescriber for medication for depression, anxiety

and panic attacks.

Sometimes, on paper, I feel it might look like I am

a reprobate but I just very foolishly let a friend get me

hooked on drugs. It is not in my character or personality

to have done such a thing. I hold a B.A. (magna cum

laude) in Education, taught French and Latin for years,

worked in college and public libraries, I was halfway

through completing my Master's degree when all this

awful stuff happened to me. I am also a published

writer, have worked over the years with special needs

individuals and groups and lead a quiet life of reading,

watching movies, taking long walks and hikes.

How should I proceed to clear up these matters?

Do I have to turn myself in? If I do, will I be put in

jail? My sister is very sick. We are the only family

each other has. Her partner of 30 years just left her

to live in Florida and of course she is upset and

will be lost and alone without support if I have to

go to jail. Please, can someone help me?


Asked on 6/01/11, 12:53 pm

1 Answer from Attorneys

Gregory Casale Gregory Casale Attorney At Law

The first thing you have to do is turn yourself in or "surrender" yourself on the warrant. Assuming that the court does not ask for bail, they will then set a pre-trial conference date, or in your case, a Violation of Probation (VOP) date, for you to return to have a hearing on your probation violation. The court will determine if you violated your probation and what punishment they are to impose. If you can afford it you should definately hire an attorney. The court will be far more inclined to take you serious about wanting to clean up your charge with evidence of a private attorney there to represent you. People do not hire attorneys and then run. The attorney should also be able to negotiate a far better disposition for you than you would get on your own. The other advantage of hiring an attorney is that if you retain the lawyer before you come up here, he/she may be able to negotiate a disposition before you even get here. In that case the disposition would be handled the day that you appear, taking the whole issue of bail off the table and providing you with a fairly reliable preview of what the court will impose for punishement.

We handle these cases for people from all over the country regularly. Many times, if the charges are minor, we can negotiate some dispositions without the client returning to Massachusetts at all.

If you can not afford a private attorney, you will have to appear and ask the court to appoint an attorney for you. If you qualify, they will do so and he or she can represent your interests to the court.

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Answered on 6/06/11, 12:19 pm


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